Jackman v. Lambertson

• Decision Date: 11 March 1905
• Docket Number: 14,038
• Parties: H. F. JACKMAN, as Executor, etc., v. N. LAMBERTSON
• Court: Kansas Supreme Court

80 P. 55

71 Kan. 138

H. F. JACKMAN, as Executor, etc., v. N. LAMBERTSON

No. 14,038

Supreme Court of Kansas

March 11, 1905

Decided January, 1905.

Error from Ottawa district court; ROLLIN R. REES, judge.

Case reversed and remanded.

SYLLABUS

SYLLABUS BY THE COURT.

1. EXEMPTIONS--Proprietor of Thrashing Outfit. A person residing in this state who is the head of a family and whose principal business is the running of a thrashing-machine is included in the phrase "or other person," as used in subdivision 8 of section 3018, General Statutes of 1901.

2. EXEMPTIONS--Thrashing-machine Exempt. The thrashing-separator, traction-engine, belts, and all parts necessary to constitute a thrashing-machine, kept by such person for the purpose of carrying on his business of thrashing, are "implements," under said subdivision 8, and, together with all tools necessary to operate the same, are exempt to such resident head of a family while used for the purpose of carrying on such business.

3. EXEMPTIONS--Chattel Mortgage--Joint Consent Necessary. While such thrashing outfit is used and kept for such purpose by such resident head of a family, if he be a man and have a wife he cannot create any valid lien on the same except by the joint consent of himself and wife, and a mortgage given thereon under such circumstances, while the relation of husband and wife exists is invalid unless executed by both husband and wife.

Thompson & King, for plaintiff in error.

F. D Boyce, for defendant in error.

CLARK A. SMITH, J. All the Justices concurring.

OPINION

CLARK A. SMITH, J.:

This case was tried in the court below without the aid of a jury, and the court made the following succinct findings of fact and conclusions of law:

"FINDINGS OF FACT.

"1. On the 24th day of October, 1900, J. W. Reichard and Harriet Reichard, his wife, made, executed and delivered to F Kreager a certain chattel mortgage upon one J. I. Case thrashing-machine, with all belts, etc., to make the machine complete, one twelve-horse-power engine, and one cook shack and trucks.

"2. The above-described mortgage was given to secure a note for $ 500, which has never been paid, and which is an asset in the hands of H. F. Jackman, as executor of the last will and testament of F. Kreager, deceased, said Kreager having died since the execution and delivery of said note and mortgage.

"3. This mortgage was filed in the office of the register of deeds of Ottawa county, Kansas, on the 27th day of October, 1900, and was not renewed until the 8th day of August, 1902, when a renewal affidavit was indorsed thereon in the office of said register of deeds; and said mortgage was again so renewed on the 7th day of August, 1903.

"4. On the 6th day of December, 1901, said J. W. Reichard made, executed and delivered to the plaintiff a chattel mortgage on said engine and separator, Harriet Reichard not joining therein, or consenting thereto. Said mortgage has been renewed from time to time, and is still in full force and effect.

"5. Said last-mentioned mortgage was made to the plaintiff to secure a note for $ 138.86 due from the said J. W. Reichard to the plaintiff, which said note is still due and remains unpaid.

"6. At the time the plaintiff obtained said mortgage he had no actual notice of the existence of the mortgage to Kreager.

"7. During all the times herein mentioned said J. W. Reichard was a married man, the head of a family, and a resident and citizen of Ottawa county, Kansas, and was in possession of the mortgaged property at the time the last mortgage was executed.

"8. Since 1898 the said J. W. Reichard has been engaged in the trade or business of operating the above-described thrashing machinery during the thrashing seasons of each year in Ottawa county, Kansas, except when prevented by sickness. These thrashing operations were usually conducted during the fall and summer of each year, and during the winter months he was engaged to some extent in fishing and trapping; but his principal business, and that from which he derived his principal support, was that of a thrasher.

"9. That such thrashing machinery was necessary to carry on said J. W. Reichard's trade or business as a thrasher, and that he had no other thrashing machinery.

"...